‘Nice Approach’ to ‘Bad Actors’ Hasn’t Worked

CHARLOTTE, N.C. – FCC Commissioner Mike O’Rielly said today that the “nice approach” to dealing with “bad actors” among states and localities that are making it difficult for companies to deploy wireless infrastructure hasn’t worked, and he said the FCC now has to get “aggressive.”

During a one-on-one keynote session this morning here at the 2018 Connectivity Expo, which was organized by the Wireless Infrastructure Association, Mr. O’Rielly said that he would like to see the FCC act this summer “on state and local barriers to deployment.”

“We should applaud the good communities that are forward-leaning and want to see deployment within their communities. We also have to exercise FCC authority to get those communities that are, what I refer to as, bad actors out of the way,” the Commissioner said.

He said there are “two flavors of problems”: states and localities that attempt “to extract as much financial wherewithal” through fees from companies that want to deploy infrastructure, and states and localities that either don’t have a process or have a “slow process for approving the deployment and installation of new technology that’s needed in this space.” Some localities are guilty on both of these counts, he suggested.

Kathleen Abernathy, a former FCC Commissioner and special counsel at Wilkinson Barker Knauer LLP, asked Mr. O’Rielly what tools the FCC has to address the problems.

“We’ve tried the nice approach. You know, we’ve tried cajoling states to do the right thing and localities to do the right thing. It hasn’t exactly worked. … We’ve had increasing problems,” he replied, adding that he wants the Commission to use “our statutory authority provided by Congress to push bad actors out of the way and take affirmative action by the Commission.”

He acknowledged that some people suggest this course of action would violate federalism principles … but I’ve got a larger goal, and that is making sure that the citizens are served. … We’ve tried the nicer route. I think we’re now … going to take the aggressive route, and I’m completely comfortable doing so.”

Mr. O’Rielly also acknowledged that states and localities are facing fiscal restraints, noting, for example, that some states divert 911 fees for other purposes.

Mr. O’Rielly also discussed various spectrum proceedings and 5G deployment, and said that the U.S. is “well positioned, in my opinion, to be very successful in that competition,” even though he noted that some countries use “industrial policy,” including making huge government investments in telecom networks.

In the 3.5 gigahertz Citizens Broadband Radio Service, he noted that the geographic size of licenses is a large remaining issue. “It’s something we’re working very hard to finalize,” he said.

He also noted that the FCC is exploring freeing up at least some of the 3.7-4.2 GHz C-band band C-band for terrestrial broadband use, while the Department of Defense plans to study the feasibility of repurposing the 3450-3550 megahertz band.

He also observed that he has pushed the FCC to consider reallocating the 4.9 GHz band for commercial use, noting that only 3% is being used by public safety. “There is no great plan” for the band, he said. “Maybe 4.9 [GHz] doesn’t make sense any more for them to have it.”

He also reiterated the potential of the 5.9 GHz band currently allocated for dedicated short-range communications (DSRC) applications.

Mr. O’Rielly also observed the FCC’s work on auctioning and otherwise making progress on millimeter-wave band spectrum, and he said he asks parties for suggestions on “new scouting activities” to make other spectrum available –— licensed and unlicensed. —-Paul Kirby, [email protected]

Create a PasswordPlease enter a PasswordYour password must be at least 6 characters longNo validation was done for leading or trailing spaces in password.

Yes, I would like to create an account.

I consent to the collection of my personal information by Wolters Kluwer Legal & Regulatory U.S., operated through CCH Incorporated and its affiliate Kluwer Law International, so that I can create an account to store my contact information and order history to facilitate ecommerce transactions. I understand that my personal information will be processed for this purpose in the United States where CCH Incorporated operates.

You may change or withdraw your consent at any time by contacting our Customer Service team at +1-301-698-7100 or [email protected]. For more information about our privacy practices, please refer to our privacy statement: www.WoltersKluwerLR.com/privacy.

Online subscription product purchases require that you create an account.

Email Address
This field is required
Please Type Valid Email Address
Email Address has a minimum length of 0.
Company
This field is required
Country
This field is required

Yes, send me information on similar products and content from Wolters Kluwer.

I consent to the collection of my personal information by Wolters Kluwer Legal & Regulatory U.S., operated through CCH Incorporated and its affiliate Kluwer Law International, so that I can be contacted about similar product(s) and content. I understand that my personal information will be processed for this purpose in the United States where CCH Incorporated operates. Additionally, if the products being inquired about are fulfilled by Kluwer Law International, my personal information will be shared with Kluwer Law International and processed in the Netherlands or the United Kingdom where it operates.

You may change or withdraw your consent at any time by contacting our Customer Service team at +1-301-698-7100 or [email protected]. For more information about our privacy practices, please refer to our privacy statement: www.WoltersKluwerLR.com/privacy.

Thank you!

We apologize!

Interested in submitting an article?

First Name
This field is required

Last Name
This field is required

Email Address
This field is required
Please Type Valid Email Address
Area of Expertise
This field is required
Article Idea for Consideration
This field is required

Yes, send me information on similar products and content from Wolters Kluwer.

I consent to the collection of my personal information by Wolters Kluwer Legal & Regulatory U.S., operated through CCH Incorporated and its affiliate Kluwer Law International, so that I can be contacted about similar product(s) and content. I understand that my personal information will be processed for this purpose in the United States where CCH Incorporated operates. Additionally, if the products being inquired about are fulfilled by Kluwer Law International, my personal information will be shared with Kluwer Law International and processed in the Netherlands or the United Kingdom where it operates.

You may change or withdraw your consent at any time by contacting our Customer Service team at +1-301-698-7100 or [email protected]. For more information about our privacy practices, please refer to our privacy statement: www.WoltersKluwerLR.com/privacy.

Success

We appologize

Message Us

Thank you for your inquiry! We look forward to connecting with you.

First Name
This field is required

Last Name
This field is required

Email Address
This field is required
Please Type Valid Email Address
Phone Number
This field is required
Company Name
This field is required
Country
This field is required
Topic (Optional)Account or Invoice Number (Optional)Comments (Optional)

Thank you. We will contact you soon!

We apologize, but we failed to receive this message.

Thank You!

Thank You.

Your request has been forwarded to a Wolters Kluwer representative who will contact you shortly!